Bullmore v The Queen

Bullmore v The Queen was a criminal case before the court where the applicant sought leave to appeal his conviction for rape. The court was tasked with determining whether the verdict was unsafe and unsatisfactory, given inconsistencies in the complainant's account and the handling of evidence. The applicant, who had introduced the complainant to the Amway business and maintained a mentor role, was alleged to have raped the complainant after a social visit to her home. The complainant testified that she had consumed alcohol with the applicant before going to bed, only to wake up to the applicant assaulting her. She further testified about subsequent text messages between her and the applicant, although these messages could not be produced in court.

The primary legal issue before the court was whether the verdict was so unsafe and unsatisfactory that it ought to be quashed. This involved assessing the reliability and consistency of the complainant's testimony, the applicant's version of events, and the handling of the text message evidence. The court had to consider the significance of inconsistencies in the complainant's account, both regarding the core allegations and peripheral details, as well as the deficiencies in the production of the text message evidence.

The court concluded that the verdict was not unsafe and unsatisfactory. It found that despite inconsistencies in the complainant's account, her overall testimony was reliable and consistent enough to support the jury's verdict. The court also noted that the text messages, though not produced, were referred to in the complainant's testimony and did not undermine her credibility. The deficiencies in the handling of the text message evidence did not reach the level required to deem the verdict unsafe and unsatisfactory. Consequently, the court refused the applicant's application for leave to appeal.

No further orders were made beyond the refusal of the application for leave to appeal.